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Can I open a business in upstate NY for drug and alcohol testing. This would be a collection site under an LLC. Collections taken and sent into accredited labs with MRO's on their staff. Also I would like to do DNA testing and background checks as part of this business. I know that DNA testing must be order by court or Dr. but want to make sure legally I can do so under "my" business name. Thank you for your time in researching this. I will be doing both DOT and non-DOT testing. I am certified to do both as a technician and BAT technician.

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Geneseo, New York

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Status: Closed Value: $15

Drug and alcohol tests are not considered medical tests (like a clinical laboratory) - they are forensic test. There would not be a restriction on open such a facility, although DOT as you know has clear standards on how collections are done.

As a physician with experience in occupational medicine (and a MRO), I would suggest that doing this as a free standing business has less appeal than doing this in cooperation with an occupational medicine clinic because you loose the opportunity to to the post-injury tests.

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Reply to FamilyPhysician's Post: I know PA law is different than NY law and it is o.k. to open in PA, in fact I rec'd my training in PA.

I understand your guidance to affiliate with a clinic, however I want to know the law and is it legal to collect urine, hair, saliva as a stand alone business. Another words sending collection results into national labs such as Quest and Labcorp. Also the DNA portion ?

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Thank you! I will be "a" patient .. smile. I appreciate your time in this matter.

I just wanted to update you - I am still waiting for an answer from the NYS Department of Heatlh... I'll let you know when I hear something...

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Thank you. I know that they can be slow. I'm not opening tomorrow so it's o.k.

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